Norwegian Danish Methodist Episcopal Church v. Home Telephone Co.

Citations

• 66 Wash. 511
• 119 P. 834
• 1912 Wash. LEXIS 795

Syllabus

<p>Master and Servant — Injuries to Third Persons — Existence of Relation — Agency—Independent Contractors — Evidence — Sufficiency. A prima facie case of agency is shown, and. the burden of proof is upon defendant to show that the work was done by an independent contractor, where it appears that plaintiff’s property was injured by blasting prosecuted in aid of defendant’s enterprise by another telephone company, as claimed by a witness who knew nothing of the contract, that the two companies had a common president, and that he was directing the work, and the alleged contracting company was doing no work other than construction work for the defendant company.</p> <p>Same. Where blasting in a city street is done by virtue of defendant’s franchise, an independent contractor doing the work may also be the agent of the defendant, rendering defendant liable for the negligence of the contractor on the principle of respondeat superior.</p> <p>Trial — Joint 'Liability — Verdict Exonerating Codefendant. In an action for damages to property by blasting, a verdict exonerating a codefendant does not relieve the other defendants, where it appears that such codefendant, a contractor, had nothing to do with the work, but simply loaned men to the other defendants to take charge of the blasting.</p>